United States District Court, E.D. California
IN RE THE SEIZURE OF CITIBANK ACCOUNT NO. 207100082 IN THE NAME OF ALL PROFIT ORGANIZATION, LLC IN RE THE SEIZURE OF 2015 CHEVROLET SILVERADO, VIN 3GCPCREC4FG173943, LICENSE PLATE NO. 68914H2
ORDER DENYING GEORGETTE PURNELL'S MOTION FOR
RECONSIDERATION (DOC. NOS. 32, 36)
BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE
On
October 9, 2019, the Court granted a Motion for the Return of
Property Subject to Seizure Order filed by Scorpio Purnell.
(Doc. No. 29.) The Court's order required the United
States to return the funds totaling $9, 574.45 seized from
Citibank Account No. 207100082 (the “Citibank
Account”) to Scorpio Purnell. (Id.) On October
15, 2019, Georgette Purnell filed a Motion to Release Funds.
(Doc. No. 30.) In her motion, Georgette Purnell claimed that
she is the CEO of All Profit Organization, LLC, and has a
power of attorney to act on behalf of Scorpio Purnell.
(Id.) Georgette Purnell accordingly requested that
the funds subject to the Court's October 9, 2019 order be
delivered to her in the name of All Profit Organization, LLC.
(Id.) On October 22, 2019, the Court issued an order
denying Ms. Purnell's Motion to Release Funds. (Doc. No.
31.)
Currently
before the Court is Ms. Purnell's Motion for
Reconsideration of the Court's October 22, 2019 order
denying her Motion to Release Funds. (Doc. Nos. 32,
36.)[1]
Ms. Purnell did not file any proof of service of the Motion
for Reconsideration on the United States or Scorpio Purnell
and it appears these parties did not have an opportunity to
file a response. However, the Court finds a response
unnecessary. The motion is suitable for resolution without
oral argument and the matter is deemed submitted. Local Rule
230 (g), (1).
“A
motion for reconsideration should not be granted, absent
highly unusual circumstances, unless the district court is
presented with newly discovered evidence, committed clear
error, or if there is an intervening change in the
controlling law, ” Marlyn Nutraceuticals, Inc. v.
Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir.
2009) (internal quotations marks and citations omitted), and
“[a] party seeking reconsideration must show more than
a disagreement with the Court's decision, and
recapitulation . . .” of that which was already
considered by the Court in rendering its decision. U.S.
v. Westlands Water Dist., 134 F.Supp.2d 1111, 1131 (E.D.
Cal. 2001) (internal quotation marks and citation omitted).
Additionally, pursuant to this Court's Local Rules, when
filing a motion for reconsideration of an order, a party must
show “what new or different facts or circumstances are
claimed to exist which did not exist or were not shown upon
such prior motion, or what other grounds exist for the
motion.” Local Rule 230(j).
Ms.
Purnell argues that the power of attorney attached to her
original Motion to Release Funds as well as her Motion for
Reconsideration permits her to seek return of the funds
seized from the Citibank Account. (Doc. No. 32.) Ms. Purnell
claims that she intended “to complete a business
transaction after the grant had become completed” and
not to represent Scorpio Purnell. (Id.)
Ms.
Purnell's arguments merely state her disagreement with
the Court's decision and recapitulate information already
considered by the Court in rendering its decision. Ms.
Purnell fails to show that there is any newly discovered
evidence, the Court committed clear error, or there was an
intervening change in the controlling law. She additionally
has not presented any new or different facts or circumstances
which did not exist or were not shown upon a prior motion,
nor has she identified any other grounds that exist for the
motion for reconsideration. Therefore, Ms. Purnell has failed
to set forth grounds entitling her to reconsideration of the
Court's October 22, 2019 order.
Accordingly,
it is HEREBY ORDERED:
1.
Georgette Purnell's Motion for Reconsideration (Doc. Nos.
32, 36) is DENIED; and
2. The
Clerk of the Court is directed to file this order in In re
the Seizure of Citibank Account No. 207100082 in the Name of
All Profit Organization, LLC, No. 1:18-sw-00307-BAM-1, and In
re the Seizure of 2015 Chevrolet Silverado, VIN
3GCPCREC4FG173943, License Plate No. 68914H2, No.
1:18-sw-00308-LJO-BAM-1.
IT IS
SO ORDERED.
---------
Notes:
[1] Ms. Purnell's Motion for
Reconsideration and Motion to Release Funds were both filed
in In re the Seizure of 2015 Chevrolet Silverado,
VIN 3GCPCREC4FG173943, License Plate No. 68914H2, No.
1:18-sw-00308-LJO-BAM-1. However, this matter concerns the
seizure of a 2015 Chevrolet Silverado and not the funds
seized from the Citibank Account. Additionally, this matter
is stayed pending an appeal to the Ninth Circuit. It appears
Ms. Purnell's motions should have been filed in In re
the Seizure of Citibank Account No. 207100082 in the Name of
All Profit ...